First Nations Land Registry Regulations

First Nations Land Registry Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 25(3) of the First Nations Land Management Acta, hereby makes the annexed First Nations Land Registry Regulations. S.C. 1999, c. 24 Definitions The following definitions apply in these Regulations. Act means the First Nations Land Management Act. (Loi) applicant means a person who submits an application for registration or recording. (demandeur) First Nations Land Registry means the office referred to in section 2. (bureau d’enregistrement) general abstract, in respect of a reserve, means an electronic abstract of registered interests — or, in Quebec, registered rights — and recorded documents that affect all lands on the reserve. (répertoire général) official plan means a graphical description of boundaries of land prepared from field notes of a survey confirmed under section 29 of the Canada Lands Surveys Act. (plan officiel) parcel abstract means an electronic abstract of registered interests — or, in Quebec, registered rights — and recorded documents that affect an individual parcel of first nation lands. (répertoire de lot) Register means the First Nations Land Register established by the Minister under subsection 25(1) of the Act. (registre) Registrar means the officer in the Department of Indian Affairs and Northern Development responsible for the management of the First Nations Land Registry. (registraire) registration plan means a graphical description of the boundaries of land shown on the plan made by the Surveyor General under section 31 of the Canada Lands Surveys Act. (plan d’enregistrement) textual description means a metes and bounds description of first nation lands or any other description of first nation lands that does not refer exclusively to one or more complete parcels on a registration plan or official plan. (description textuelle) Registry location The Register shall be maintained in an office located in the National Capital Region to be known as the First Nations Land Registry. Office hours The First Nations Land Registry shall be open to the public from Monday to Friday, except on holidays, from 8:30 a.m. to 4:00 p.m. EST or EDST, as applicable. Electronic registration or recording Despite subsection (1), a document may be transmitted for registration or recording in accordance with section 12 at any time. Limitation on activities Neither the Registrar nor any employee of the First Nations Land Registry shall express an opinion about any interest, right or licence in first nation land, including whether a document submitted for registration or recording is validly made; or a document has been registered, as opposed to having been recorded. Examination of Register Any person may, during the hours referred to in subsection 3(1), inspect at the First Nations Land Registry the electronic image of any document that is registered or recorded in the Register. Copies On request, the Registrar shall provide a copy or certified copy of a document registered or recorded in the Register. Registrar’s certificate On request, the Registrar shall issue a certificate indicating all the interests registered — or, in Quebec, all the rights registered — and other documents recorded on the abstract of a specified parcel of first nation land. Abstracts The following abstracts shall be included in the Register: for each reserve of a first nation, a general abstract; and for each parcel of first nation land, a parcel abstract. Restriction The Registrar shall not create a parcel abstract unless the parcel abstract refers exclusively to a lot described on an official plan or registration plan. Application to register or record Any person may apply for the registration or recording in the Register of a document that affects first nation land in person, by submitting the document and a completed application for registration or recording to the Registrar at the address set out in section 11; by mailing the document and a completed application for registration or recording to the Registrar at the address set out in section 11; or electronically, in the manner set out in section 12. Information An application for registration or recording shall contain the following information in relation to the document submitted for registration or recording: the names of all parties to the document; the name and address of the person who completed the application; the type of document; if applicable, the date the document was executed — or, in Quebec, signed according to all the required formalities for its validity — or, if there is more than one date indicated, the most recent date; the province where the land is located; the name of the first nation, the name of the reserve and the lot number, if any, associated with the land; the land description; a list of any supporting documents accompanying the document submitted for registration or recording; and if two or more documents that are to be registered or recorded are submitted together by mail, directions regarding the order to be respected in registering or recording each document relative to each other. Submission by mail or in person A document to be registered or recorded and a completed application for registration or recording may be mailed or delivered in person to the Registrar at Registrar First Nations Land Registry 10 Wellington Street Gatineau, Quebec K1A 0H4 Electronic transmission A document to be registered or recorded may be submitted electronically to the Registrar by completing an application for registration or recording online at the Registry Internet website at www.ainc-inac.gc.ca; and attaching the document as an electronic file in a form referred to in subsection (2). File format A document transmitted electronically to the Registrar must be in the form of one or more images contained in a single file, scanned from the original document at a resolution of at least 200 dpi, in Adobe Acrobat (.pdf) format or tagged image file (.tif) format. Fax transmissions A document shall not be transmitted for registration or recording by fax. Tracking number On receipt of an application and document that were transmitted electronically in accordance with section 12, the Registrar shall transmit to the applicant by e-mail an acknowledgement of receipt and a tracking number and provide a copy of the acknowledgement and tracking number to the first nation whose lands are affected. On receipt of an application and document that were submitted for registration or recording by mail, the Registrar shall mail an acknowledgement of receipt and a tracking number to the applicant and provide a copy of the acknowledgement and tracking number to the first nation whose lands are affected. Original document The following documents may be submitted for registration or recording instead of an original document: a copy of a judgment or court order, certified by the court; a copy of a document registered in a provincial registry or land titles system, certified by the appropriate provincial registrar; a copy of a death certificate, marriage certificate, name change certificate, power of attorney, will, approval or probate of will or appointment of administrator, certified by the person who has custody of the original; a copy of a certificate of amalgamation or change of name of a corporation, certified by the agency responsible for recording the amalgamation or change of name; a copy of an order in council, certified by the Clerk of the Privy Council; a copy of a ministerial order; and a copy of a document issued by a first nation, certified by the person who has custody of the original. Grounds for refusing registration or recording The Registrar shall not register or record a document if it is not dated; it is not legible; it does not identify each party to the document; the information contained in the application for registration or recording conflicts with the information contained in the document; or the land description does not meet the requirements of subsection 17(1) or section 18 or 19. Survey requirements No document that purports to grant an interest — or, in Quebec, a right — in first nation land or a licence for a term of 10 or more years, other than an interest, right or licence granted to a member of the first nation, grant a strata title, a condominium interest — or, in Quebec, a divided co-ownership right — or any similar interest or right, allocate or transfer lawful possession of first nation land to a first nation member, or expropriate an interest — or, in Quebec, a right — in first nation land for a community work or other first nation community purposes under section 28 of the Act, shall be registered or recorded unless the land description contained in the document consists exclusively of a reference to one or more complete parcels on a registration plan or official plan. Renewal or extension The term of a document referred to in paragraph (1)(a) includes the period of any right of renewal or extension of the document. Exception Subsection (1) does not apply to easements or, in Quebec, to servitudes. Requirements for land descriptions If a document purports to exchange first nation land for land that is to become first nation land in accordance with section 27 of the Act, or define the exterior boundaries of first nation land, the Registrar shall not register or record the document unless the land description in the document is derived from an official plan or registration plan. Utilities The Registrar shall not register or record a document that contains a textual description unless the document grants an interest — or, in Quebec, a right — in unencumbered land, or a licence to a utility company in respect of unencumbered land, for the purpose of providing service to the residents of a reserve. Order of registration or recording Subject to section 21, the Registrar shall register or record each document submitted for registration or recording that meets the requirements of these Regulations in the order that it is received by the First Nations Land Registry. Time of registration or recording A document is considered to have been registered or recorded if the document was transmitted electronically, at the time and date indicated on the electronic acknowledgement of receipt; and if the document was sent by mail, at the time and date of receipt stamped on the document by the Registrar. Multiple submissions If two or more documents affecting the same parcel of first nation land are submitted for registration or recording at the same time by the same person and the documents meet the requirements of these Regulations for registration or recording, the Registrar shall register or record them in the order indicated on the applications for registration or recording. Registry information If a document submitted for registration or recording meets the requirements of these Regulations, the Registrar shall record the following information in the appropriate abstract: the first nation land affected; the tracking number assigned to the document at the time of its receipt; and the date and time of registration or recording. General abstract If a document submitted for registration or recording affects a reserve as a whole, the Registrar shall register or record in the general abstract for the reserve the information required under subsection (1). Parcel abstract If a document submitted for registration or recording affects a particular parcel of first nation land, the Registrar shall register or record in the parcel abstract for that parcel the information required under subsection (1). Notification On the registration or recording of a document, the Registrar shall notify the applicant and the first nation of the registration or recording without delay. Registration or recording refused If a document submitted for registration or recording does not meet the requirements of these Regulations, the Registrar shall return to the applicant the application for registration or recording and all supporting documents accompanying it, and provide written reasons for the refusal to register or record the document. Copy of reasons The Registrar shall provide a copy of the reasons for refusal to the first nation. Electronic storage The Registrar shall store in electronic form every document registered or recorded under these Regulations. Return of registered document After a document that was submitted to the Registrar in paper form has been registered or recorded, the Registrar shall return the original document to the applicant. Errors in registration or recording If the Registrar becomes aware of an omission or error in the registration or recording of a document, the Registrar shall immediately make the necessary corrections, add a notation to the Register identifying the corrections and notify all persons who may be adversely affected by the corrections. Priority Subject to section 31, interests — or, in Quebec, rights — registered under these Regulations that affect the same parcel of first nation land have priority according to the time and date of the registration of the documents evidencing those interests or rights and not according to the time and date the documents were executed or, in Quebec, signed according to all the required formalities for its validity. No priority to licences and other documents For greater certainty, subsection (1) does not apply to a document that does not grant an interest — or, in Quebec, a right — in first nation land. Unregistered interests or rights A registered interest — or, in Quebec, a registered right — affecting a parcel of first nation land is entitled to priority over an unregistered interest or right affecting the same parcel. Revolving mortgages or hypothecs A registered mortgage or hypothec has priority over a subsequently registered interest — or, in Quebec, registered right — that affects the same parcel of first nation land, to the extent of the money actually advanced under the mortgage or hypothec, to a maximum of the amount secured by the mortgage or hypothec, even if all or part of the money was advanced after the registration of the subsequently registered interest or right, unless the mortgagee or hypothecary creditor had actual notice of the registration of the subsequently registered interest or right before making the advance. Deferred priority In any province other than Quebec, the holder of a registered interest, or a person applying to register an interest, may apply to record a postponement agreement that gives priority over the registered interest to a specified interest that was, or is to be, subsequently registered. In Quebec In Quebec, the holder of a registered right, or a person applying to register a right, may apply to record a postponement agreement that gives priority over the registered right to a specified right that was, or is to be, subsequently registered. Priority on recording On the recording of a postponement agreement, priority shall be accorded to the interests or rights referred to in the agreement in the manner provided for in the agreement. Prior registered interest An interest that was registered in the Register before the day on which these Regulations come into force has priority over an interest registered under these Regulations on or after that day. No relative priorities Subsection (1) shall not be interpreted to confer a priority on one interest that was registered in the Register before the day on which these Regulations come into force over any other interest that was also registered in the Register before that day. Indian land registry records In any province other than Quebec, on receipt of notice of the coming into force of the land code of a first nation, the Registrar shall register or record in the Register every document relating to lands of that first nation that was registered in the Reserve Land Register or Surrendered and Designated Lands Register. An interest registered under subsection (1) has priority over an interest subsequently registered under these Regulations. Subsection (2) shall not be interpreted to confer a priority on one interest that was registered under subsection (1) over any other interest that was also registered under that subsection. In Quebec, on receipt of notice of the coming into force of the land code of a first nation, the Registrar shall register or record in the Register every document relating to lands of that first nation that was registered in the Reserve Land Register or Surrendered and Designated Lands Register. Prior registered right A right registered under subsection (1) has priority over a right subsequently registered under these Regulations. Subsection (2) shall not be interpreted to confer a priority on one right that was registered under subsection (1) over any other right that was also registered under that subsection.